# C_2007269EN.01006501.xml

| 10.11.2007 | EN | Official Journal of the European Union | C 269/65 |
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10.11.2007

EN

Official Journal of the European Union

C 269/65

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Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)

(Case T-357/07)

(2007/C 269/118)

Language in which the application was lodged: English

Parties

Applicant: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: B. C. Müller, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant

Other party to the proceedings before the Board of Appeal: Editorial Planeta, SA (Barcelona, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul No 1, No 3 and No 4 of the decision of the Fourth Board of Appeal of the Office for Harmonisation for the Internal Market, dated 30 July 2007, in the opposition proceeding No B 516 742 (Community trade mark application No 2 340 289); |
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Annul No 1, No 3 and No 4 of the decision of the Fourth Board of Appeal of the Office for Harmonisation for the Internal Market, dated 30 July 2007, in the opposition proceeding No B 516 742 (Community trade mark application No 2 340 289);

| — | alter the contested decision mentioned in No 1 in order to register the contested Community trade mark application for the following goods and services:






  — | Class 9 — Computers and data-processing apparatus; memories for data processing equipment; machine-readable data carriers of all types containing information, and sound and image recording carriers, in particular floppy discs, CD-ROMs, DVDs, chip cards, magnetic cards, video cassettes, compact discs and video discs; collections of information recorded on data carriers; |
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alter the contested decision mentioned in No 1 in order to register the contested Community trade mark application for the following goods and services:

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Class 9 — Computers and data-processing apparatus; memories for data processing equipment; machine-readable data carriers of all types containing information, and sound and image recording carriers, in particular floppy discs, CD-ROMs, DVDs, chip cards, magnetic cards, video cassettes, compact discs and video discs; collections of information recorded on data carriers;

| — | Class 16 — Printed matter, printed materials, periodicals, newspapers, books, stickers, calendars, office requisites (except furniture), instructional and teaching material (except apparatus), included in class 16; |
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Class 16 — Printed matter, printed materials, periodicals, newspapers, books, stickers, calendars, office requisites (except furniture), instructional and teaching material (except apparatus), included in class 16;

| — | Class 41 — Entertainment among other radio entertainment; conducting entertainment events, live events, cultural and sporting events, included in class 41. |
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Class 41 — Entertainment among other radio entertainment; conducting entertainment events, live events, cultural and sporting events, included in class 41.

| — | order the opponent to bear costs for the whole opposition proceeding including this application. |
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order the opponent to bear costs for the whole opposition proceeding including this application.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The word mark ‘FOCUS Radio’ for goods and services in classes 9, 16, 35, 38, 41 and 42 — application No 2 340 289

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Editorial Planeta, SA

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The national word and figurative marks ‘FOCUS MILENIUM’, ‘PLANETA FOCUS’ and ‘PLANETA FOCUS 99’ for goods and services in classes 9, 16 and 41

Mark or sign cited:

Decision of the Opposition Division: Opposition partially upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: Partial annulment of the Opposition Division's decision and partial rejection of the Community trade mark application

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as there is no relevant similarity between the conflicting trade marks and thus no likelihood of confusion.

Pleas in law:

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